HomeMy WebLinkAbout121818 - Agenda - Regular MeetingCity Council Agenda
Tuesday, December 18, 2018
Closed Session 5:30 PM Room CC-8
Regular Session- 6:30 PM
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
CAROL HERRERA
Mayor
STEVE TYE
Mayor Pro-Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
NANCY A. LYONS
Council Member
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are
available for public inspection. If requested, the agenda will be made available in an alternative format to a person with
disability as required by Section 202 of the Am ericans with Disabilities Act of 1990. If you have questions regarding an agenda
item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar
requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at
a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the sched uled meeting.
Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at
www.diamondbarca.gov
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and
are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You
are invited to attend and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during
the time the item is taken up by the Council. In addition, members of the public may, during the
Public Comment period address the Council on any Consent Calendar item or any matter not on
the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak
should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council
at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.
The Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant
consideration. Speakers may address the Council only once on an agenda item, except during
public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full
agenda packet is available for review during the meeting, in the foyer just outside the Council
chambers. The City Council may take action on any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is available
by providing the City Clerk three business days’ notice in advance of a meeting. Please
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HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7010
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON
SPECTRUM CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION
CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET
AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION
TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY
SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT
8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING
ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 18, 2018
Next Resolution No. 2018-42
Next Ordinance No. 04(2018)
CLOSED SESSION: 5:30 p.m., Room CC-8
PUBLIC COMMENTS:
Closed Session Pursuant to Government Code Section
54956.9(d)(1)
Conference with legal counsel – existing litigation
City of Diamond Bar v. City of Industry, et al Los Angeles Superior
Court Case No. BS173224.
City of Diamond Bar v. City of Industry, et al Los Angeles Superior
Court Case No. BS171295.
City of Diamond Bar v. Oversight Board of the Successor Agency to
the Industry Urban –Development Agency, et al, Sacramento
Superior Court Case No. 34-2017-8000027 17-CY-WM-GDS.
Closed Session Pursuant to Government Code Section
54956.9(d)(2)
Conference with legal counsel – anticipated litigation (one case).
DECEMBER 18, 2018 PAGE 2
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Diana Navar, Associate Pastor
Diamond Canyon Christian Church
ROLL CALL: Chou, Low, Lyons, Mayor Pro Tem
Tye, Mayor Herrera
AP PROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates to the winners of the 2018 Through My Lens
Contest.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS:
Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or matters of interest to the public that are not
already scheduled for consideration on this agenda. Although the City Council
values your comments, pursuant to the Brown Act, the Council generally cannot
take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENTS:
Under the Brown Act, members of the City Council may briefly respond to public
comments but no extended discussion and no action on such matters may take
place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Parks and Recreation Commission Meeting – December 20, 2018
6:30 p.m. – Windmill Community Room, 21810 Copley Drive.
5.2 Christmas Holiday – December 24 and December 25, 2018 – City offices
will be closed in observance of the Christmas Holiday. City offices will
re-open on Wednesday, December 26, 2018 at 7:30 a.m.
DECEMBER 18, 2018 PAGE 3
5.3 New Year’s Holiday – January 1, 2019 - City offices will be closed on
Tuesday, January 1, 2019 in observance of the New Year’s Holiday.
5.4 City Council Meeting – January 1, 2019 – Cancelled.
5.5 Planning Commission Meeting – January 8, 2019 – 6:30 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.6 Traffic and Transportation Commission Meeting – January 10, 2019 –
6:30 p.m., Windmill Community Room, 21810 Copley Drive.
5.7 City Council Meeting – January 15, 2019 – 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
6.1 CITY COUNCIL MEETING MINUTES.
6.1.a Regular Meeting of December 4, 2018.
Recommended Action: Approve.
Requested by: City Clerk
6.2 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 29, 2018
THROUGH DECEMBER 12, 2018 TOTALING $2,225,651.21.
Recommended Action: Ratify.
Requested by: Finance Department
6.3 NOTICE OF COMPLETION FOR THE COPLEY DRIVE AND GOLDEN
SPRINGS DRIVE TRAFFIC SIGNAL AND INTERSECTION
MODIFICATION PROJECT.
Recommended Action: Approve, and authorize the Public Works Director
to file the Notice of Completion.
Requested by: Public Works Department
DECEMBER 18, 2018 PAGE 4
6.4 AMENDMENT TO THE COMPENSATION PLAN FOR PART-TIME
CLASSIFICATIONS OF EMPLOYMENT.
Recommended Action: Adopt Resolution 2018-XX amending the
Compensation Plan for Part-time Classifications of Employment Effective
December 22, 2018.
Requested by: City Manager
6.5 ADDITIONAL EXPENDITURES FOR SPECIAL LEGAL SERVICES.
Recommended Action: Approve, and authorize the City Manager to issue,
a Purchase Order in the amount not-to-exceed $250,000 for continued
special legal services provided by Sheppard, Mullin, Richter & Hampton
LLP.
Requested by: City Manager
6.6 ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON
LOCAL AND REGIONAL BOARDS, COMMISSIONS AND
COMMITTEES.
Recommended Action: Ratify the Mayor's appointments, and adopt
Resolution No. 2018-XX confirming appointments to the San Gabriel
Valley Council of Governments.
Requested by: City Manager
7. PUBLIC HEARINGS:
7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2019/2020.
Recommended Action: Receive the staff report; open the public hearing to
receive any public testimony; close the public hearing; and adopt
Resolution No. 2018-XX approving the CDBG Funding Allocations for
Fiscal Year 2019/2020.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION:
8.1 AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL
CODE RELATED TO STREET VENDING.
Recommended Action: Introduce first reading by title only, waive full
reading of Ordinance, schedule the second reading and adoption at the
next regularly scheduled City Council meeting.
Requested by: City Manager
DECEMBER 18, 2018 PAGE 5
9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda #: 6.1
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MEETING MINUTES.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Approve.
PREPARED BY:
Attachments:
1. 6.1.a Regular Meeting of December 4, 2018.
6.1
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MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 4, 2018
CALL TO ORDER: Mayor Low called the Regular City Council meeting to
order at 6:31 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Council Member Lyons led the Pledge of Allegiance.
INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United
Church of Christ, provided the Invocation.
ROLL CALL: Council Members Lin, Lyons, Tye, Mayor Pro Tem
Herrera and Mayor Low
Staff Present: Dan Fox, City Manager; David DeBerry, City Attorney; Ryan
McLean, Assistant City Manager; Ken Desforges, IS Manager; David Liu, Public Works
Director; Ryan Wright, Parks and Recreation Director; Greg Gubman, Community
Development Director; Anthony Santos, Assistant to the City Manager; Kimberly Young,
Senior Civil Engineer; Amy Haug, Human Resources/Risk Manager; Marsha Roa,
Public Information Manager; and, Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
POST ELECTION PROCEDURES:
ELECTION RESULTS OF THE NOVEMBER 6, 2018 GENERAL MUNICIPAL
ELECTION:
CM/Fox reported that the results for the November 6th Municipal Election has
been certified by the Los Angeles Registrar/Recorder. An updated Resolution
was placed at the dais which contained the official certifications for the results of
three Council seats as well as, Measure Q related to the Transient Occupancy
Tax. The top three vote-getters for the Council seats were Nancy Lyons, Steve
Tye and Andrew Chou. Measure Q, which would increase the Transient
Occupancy Tax passed with a margin of 65 percent in favor. The Resolution
before the Council is to certify the results as well as, approve the Ordinance the
people voted on at the November 6th Election.
MPT/Herrera moved approval of Resolution No. 2018-41 declaring the election
results of the November 6, 2018 General Municipal Election. C/Lin seconded the
motion. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Lin, Lyons, Tye, MPT/Herrera, M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1.a
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DECEMBER 4, 2018 PAGE 2 CITY COUNCIL
PRESENTATION TO OUTGOING COUNCIL MEMBER JIMMY LIN:
M/Low thanked outgoing Council Member Jimmy Lin for his 13 years of service to the
City as and it was a pleasure to serve with him on the Planning Commission as well.
C/Lyons presented a City Tile to outgoing Council Member Lin who served on the City
Council from January 2015 through December 2018. C/Lin has been a true colleague
with a great sense of humor and has been such a big help to the City, especially with
transportation issues.
MPT/Herrera presented a Certificate of Recognition to outgoing Council Member Lin on
behalf of Congressman Ed Royce. She thanked C/Lin on behalf of the City for sharing
his expertise and knowledge regarding traffic and transportation.
M/Low presented a Certificate of Recognition to outgoing Council Member Lin on behalf
of Senator Ling Ling Chang.
C/Tye presented outgoing Council Member Lin with a commemorative clock.
C/Lin said he accompanied Ed Royce to China for the signing of the accord to have
China Airlines fly into the Ontario Airport. For the past four years he has been
privileged to serve with the most professional, knowledgeable and responsible public
servants anywhere. Diamond Bar has the most streamlined “lean and mean” staff of any
city with about 50 staff members who do a great job for almost 60,000 residents. He
recalled that when he became Mayor the City faced the retirement of longtime City
Manager Jim DeStefano and with the assistance of HR Manager Amy Haug the Council
selected Dan Fox and he is very grateful that Diamond Bar found the right person to
serve as its City Manager. He reflected on some of the many accomplishments that
took place during his tenure as a Council Member. Including the great care of City
streets, new entry monument signs and implementation of adaptive traffic signals,
completion of the Lemon Avenue Interchange, completion of Phase I and Phase II of
the SR57/60 Confluence project, initiation of the General Plan Update, approval and
construction of two high-quality subdivisions, revitalization of two shopping centers and
stopping the City of Industry from building a solar farm on Tres Hermanos. In addition,
there were many park renovations, a new dog park and trails and the City acquired the
YMCA property for a public park. On the public safety side, the City has intensified its
communication with the Sheriff’s Department, initiated “coffee with a cop”, conducted
safety workshops with residents and implemented a Ring discount program all of which
resulted in a drop in the overall crime rate by 22 percent for the first half of 2018. He
thanked City staff for their continued good work and wished the Council well moving
forward.
ADMINISTRATION OF OATH OF OFFICE:
Wanda Tanaka administered the Oath of Office to Andrew Chou.
CC/Cribbins administered the Oath of Office to Nancy Lyons.
6.1.a
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DECEMBER 4, 2018 PAGE 3 CITY COUNCIL
CC/Cribbins administered the Oath of Office to Steve Tye.
CITY COUNCIL REORGANIZATION:
SELECTION OF MAYOR – Council Member Low nominated Council Member Carol
Herrera to serve as Mayor. Council Member Lyons seconded the nomination. No other
nominations were offered. Council Member Carol Herrera was unanimously elected to
serve as Mayor by the following Roll Call vote:
C/Chou Aye
C/Lyons Aye
C/Tye Aye
C/Herrera Aye
C/Low Aye
SELECTION OF MAYOR PRO TEM – Council Member Low nominated Council
Member Steve Tye to serve as Mayor Pro Tem. Council Member Lyons seconded the
nomination. No other nominations were offered. Council Member Steve Tye was
unanimously elected to serve as Mayor Pro Tem by the following Roll Call vote:
C/Chou Aye
C/Low Aye
C/Lyons Aye
C/Tye Aye
M/Herrera Aye
PRESENTATION TO 2018 MAYOR RUTH LOW:
M/Herrera and Council Members presented 2018 Mayor Ruth Low with a gavel as
commemoration of her tenure and service to the community as Mayor.
Lauren Yokomizo, Field Deputy, Supervisor Janice Hahn’s Office, presented a
certificate of Recognition to 2018 Mayor Ruth Low.
MPT/Tye presented a personalized bobblehead to 2018 Mayor Ruth Low.
M/Herrera thanked her colleagues for electing her to a 6th term as Mayor. She is
honored to serve as the City’s Mayor and her focus will be “fiscal conservancy”. She
understands that residents want this City to live within its means. Sales tax revenues
are not as robust as the Council had hoped and Council and staff will be looking closely
to trim expenses where possible so as not to further burden the citizens by asking them
to pay more for City services. Another focus will be to push for continued funding for
the SR57/60 Confluence to help relieve traffic on City streets.
6.1.a
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DECEMBER 4, 2018 PAGE 4 CITY COUNCIL
RECESS/RECEPTION: M/Herrera recessed the City Council Meeting at 7:14 p.m.
RECONVENE: M/Herrera reconvened the City Council Meeting at 7:33 p.m.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH
1.1 M/Herrera and City Council Members presented a Certificate Plaque to
the owners of Bageloo, 1200 S. Diamond Bar Boulevard #102, as New
Business of the Month for December 2018.
1.2 M/Herrera and City Council Members presented Certificates of
Recognition to members of the Team Rascals Intercity Senior Co-Ed
Softball League of Southern California.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Librarian, spoke about upcoming library events for
the month of December.
Vinod Kashyap congratulated new Council Member Chou and said it had been a
pleasure working with him in the citizen’s group Responsible Land Use that has
been providing assistance to the GPAC. He wished everyone a Happy New
Year.
Douglas Barcon saw bird scooters near Diamond Bar Boulevard at Temple
Avenue and wondered whether they were in Pomona or Diamond Bar. He asked
if the City would be working on a policy regarding bird scooters and
congratulated Council Member Chou on his election.
4. RESPONSE TO PUBLIC COMMENTS:
CM/Fox said the bird scooters were in the City of Pomona and not the City of
Diamond Bar. There are no pending applications from companies that wish to
operate such a venture in the City and if they appear in Diamond Bar, they will be
removed from the public right-of-way just as any other discarded shopping cart or
furniture would be removed.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Diamond Bar Holiday Ride – continues through January 2, 2019. Riders
can schedule a free trip inside the City for restaurants and shopping.
6.1.a
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DECEMBER 4, 2018 PAGE 5 CITY COUNCIL
5.2 Winter Snow Fest – December 8, 2018 – 9:00 a.m. to 3:00 p.m., Pantera
Park, 738 Pantera Drive.
5.3 Planning Commission Meeting – December 11, 2018 – 6:30 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.4 Traffic and Transportation Commission Meeting – December 13, 2018 –
6:30 p.m., Windmill Community Room, 21810 Copley Drive (Canceled).
5.5 City Council Meeting – December 18, 2018 – 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: C/Lyons moved, MPT/Tye seconded, to
approve the Consent Calendar. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Low, Lyons, MPT/Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Chou
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MEETING MINUTES:
6.1a Study Session of November 20, 2018 as approved
6.1b Regular Meeting Minutes of November 20, 2018 as approved.
6.2 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 15, 2018
THROUGH NOVEMBER 28, 2018 TOTALING $741,050.24 .
6.3 APPROVED TREASURER’S STATEMENT FOR OCTOBER 2018.
7. PULIC HEARINGS: NONE.
8. COUNCIL CONSIDERATION: NONE.
RECESS: M/Herrera recessed the Regular City Council Meeting to the Annual Public
Financing Authority Meeting at 7:55 p.m.
RECONVENE: M/Herrera reconvened the Regular City Council Meeting at 7:59
p.m.
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou stated that as of February 28th he will have an opportunity to appoint
several Commission members and the City will accept applications for those
positions including those who are currently serving as Commissioners. He
thanked everyone who attended tonight to observe him take the Oath of Office
6.1.a
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DECEMBER 4, 2018 PAGE 6 CITY COUNCIL
for their encouragement and support which made tonight possible. He is truly
humbled by the trust that has been bestowed upon him an d grateful for the
opportunity to serve the community. He congratulated the people of Diamond
Bar for this historic election. Where over 50 percent of the City’s registered
voters voted in this year’s election. Congratulations to C/Lyons for receiving the
highest number of votes. It is truly inspiring what this community can do when
everyone comes together. He believes that in this City greater things are yet to
come and greater things are still to be done.
C/Low welcomed C/Chou and congratulated C/Lyons and MPT/Tye on their
election wins. She hoped everyone would come out to celebrate the Snow Fest
on Saturday. It is her honor to serve on the Public Safety Subcommittee and the
City’s numbers are really good. The total property crime from June 2017 to June
2018 went down by 14.8 percent from 878 cases to 748 cases. The reason this
works is because of the innovation and dedication and people thinking creatively
about how to solve the problems that are presented to the City. The
subcommittee is very proud of the involvement of the residents who understand
that “if you see something, say something.” It is from those tips that suspects are
apprehended – sometimes in the throes of their crime. Thank you to staff and
thank you to law enforcement. The Fire Department prepared a brochure entitled
Ready, Set, Go which is available at City Hall and is a very handy guide for being
prepared in case of disaster. This is a timely and good guide in getting folks
prepared in light of the recent fires and not wait until it is too late. There is also a
copy of the brochure on the City’s website that can be downloaded. Holiday
Season is here and she encouraged everyone to use common sense while out
shopping. Don’t leave items in sight in your vehicles to invite theft. Don’t drink
and drive. And when buying gifts, please remember those who are less
fortunate. Practice peace and practice patience.
C/Lyons welcomed C/Chou and indicated that C/Chou’s intelligence and hard
work he will be able to contribute much to the City of Diamond Bar. She thanked
staff for choosing the festive holiday decorations. It is really nice to see them
displayed at the City’s major intersections. Please join her and M/Herrera at
Snow Fest. She also has an opening for a Parks and Recreation Commissioner
and if anyone is interested they should apply. The applications will be on the
City’s website beginning tomorrow. C/Lyons thanked Mayor Low for her service.
She did a terrific job as mayor. She worked so hard and led the Council t hrough
a lot of challenges and most especially, the tough public safety challenges.
Mayor Low served with distinction. She expressed her appreciation to the
citizens of Diamond Bar for re-electing her to the City Council and she looks
forward to the challenges of the next four years to continue to make this City
even better.
MPT/Tye stated that C/Lyons was elected with the most votes in the history of
the City – very impressive! In 13 years on the City Council he has never heard
so many positive comments as he has about the holiday decorations. Great job
by staff and the candy canes, the stocking and the Christmas trees look terrific.
6.1.a
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DECEMBER 4, 2018 PAGE 7 CITY COUNCIL
It looks very festive and the banners are a nice touch as well. Thanks so much
to staff for getting that done. He wished all of his Jewish friends a very, very
Happy Hanukkah and he hoped they would enjoy the season as everyone does
at this time of the year. He asked M/Herrera that tonight’s meeting be adjourned
in memory of former President George H.W. Bush. Tomorrow will be a national
day of mourning as stated by President Trump. President Bush the first was a
true gentleman, a leader and at 85 and 90 he skydived. The man loved
adventure and we are all better for having known him. We wish the Bush family
the best and we keep them in our prayers.
M/Herrera said that she and C/Low attended the Public Safety meeting and the
booklet the Fire Department just put out has a lot of very valuable information.
She mentioned that the Fire Department Employee Union 1014 took up a
collection and gave several hundreds of thousands of dollars to the victims of
both the Woolsey and Paradise fires which is very commendable, especially
since many of them lost so much of their own belongings and many lost
everything. Thank you to the Fire Department and their generosity. Thank you
to City staff for the holiday decorations – so much positive reaction about them
which is really wonderful. The committee assignments will be passed out to each
Council Member so that each person can indicate which committees they would
like to serve on and place it on her desk at City Hall. M/Herrera noted December
5th will be a national day of mourning for the former President George H.W. Bush
and indicated that City Hall would remain open for business on that day.
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned
the Regular City Council Meeting at 8:10 p.m. in memory of former President George
H.W. Bush.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of , 2018.
CAROL HERRERA, MAYOR
6.1.a
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Agenda #: 6.2
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED NOVEMBER 29, 2018
THROUGH DECEMBER 12, 2018 TOTALING $2,225,651.21.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $2,225,651.21.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
DISCUSSION:
The attached check register containing checks dated November 29, 2018 through
December 12, 2018 for $2,225,651.21 is being presented for ratification. All payments
have been made in compliance with the City’s purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
6.2
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REVIEWED BY:
Attachments:
1. 6.2.a Check Register Affidavit 12-18-2018
2. 6.2.b Check Register 12-18-2018
6.2
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6.2.a
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Agenda #: 6.3
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE COPLEY DRIVE AND GOLDEN
SPRINGS DRIVE TRAFFIC SIGNAL AND INTERSECTION
MODIFICATION PROJECT.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Public Works Director to file the Notice of Completion.
FINANCIAL IMPACT:
Funding is included in the FY 18/19 Capital Improvement Program for this Project. The
final construction cost of the Project is $146,725.80, $5,592.20 under the total
authorization amount of $152,318.
BACKGROUND:
The City Council awarded a construction contract to PTM General Engineering
Services, Inc. on February 20, 2018 in an amount not to exceed $138,318 with a
contingency amount of $14,000 for a total authorization amount of $152,318. The City
authorized the Notice to Proceed for the construction on September 19, 2018.
The Project includes the modification of a “Protective/Permissive” left turn to a
Protective” left turn only; traffic signal re-timing; crosswalks re-striping; replacement of
the traffic signal pole at the northwest corner of the intersection; modification of the west
median nose; upgrade of curb ramps to meet ADA compliance; upgrade of regulatory
signs; installation of new video detection cameras; and installation of new Closed Circuit
Television Camera (CCTV).
PTM General Engineering Services, Inc., completed all work required of this project on
November 5, 2018. The final construction cost of the Project is $146,725.80. This total
includes $10,007.80 in Change Orders for additional conductor cable, replacement of
three push buttons, re-route work for a traffic signal line, adjustment of existing push
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button heights to meet ADA compliance, and replacement of an additional illuminated
street name sign panel. The Project was completed $5,592.20 under the total
authorization amount of $152,318.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.3.a NOTICE OF COMPLETION
6.3
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Copley Drive
Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; “In fee”
If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on November 5 , 2018. The work done was:
Copley Drive & Golden Springs Drive Traffic Signal and Intersection Modification, City Project No. 24716
7. The name of the contractor, if any, for such work of improvement was PTM General Engineering Services, Inc.
February 20, 2018
If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows. Copley Drive & Golden Springs Drive Traffic Signal and Intersection
Modification, City Project No. 24716
9. The street address of said property is “none”
If no street address has been officially assigned, insert “none”)
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
resident of”, “Manager of,” “A partner of,” “Owner of,” etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at Diamond Bar , California.
Date of signature) (City where signed)
Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
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DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement
to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his
successor in-interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For
example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his
interest at the date the notice is filed, must file the notice.
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-
owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-
owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or
transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a
whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursu ant to two or
more original contracts, then this form must be modified as follows:
1) Strike the works “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., “The foundations for the improvement”);
2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need
be given if there is no general contractor, e.g., on so-called “owner-builder jobs.”
In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title
insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.
6.3.a
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Agenda #: 6.4
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENT TO THE COMPENSATION PLAN FOR PART-TIME
CLASSIFICATIONS OF EMPLOYMENT.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution 2018-XX amending the Compensation Plan for Part-time
Classifications of Employment Effective December 22, 2018.
FINANCIAL IMPACT:
There is a negligible financial impact to the Fiscal Year 2018/19 Budget as the
mandatory minimum wage increases can be absorbed into the existing budget through
managed salary savings.
BACKGROUND:
On April 4, 2016, California Governor Jerry Brown signed Senate Bill 3 into law which
legislated scheduled and phased annual increases to minimum wage starting January 1,
2017 through January 1, 2022 when it would reach $15 per hour. The scheduled
increases of the six year period are listed below.
Effective Date Minimum Hourly Rate
January 1, 2017 $10.50
January 1, 2018 $11.00
January 1, 2019 $12.00
January 1, 2020 $13.00
January 1, 2021 $14.00
January 1, 2022 $15.00
Effective January 1, 2019, California’s minimum wage will rise to $12 per hour. This
change to state law will impact the City’s part-time salary schedules. More specifically,
this issue is limited to the Recreation Worker and Recreation Leader I job
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classifications. There are currently 16 employees making under $12 per hour.
ANALYSIS:
To date, the City has been able to accommodate the minimum wage increases within
the approved salary schedules. However, the next scheduled minimum wage increase
from $11 to $12 per hour, on January 1, 2019, caused City staff to review and analyze
its options to remain compliant with state law and manage budgetary resources in a
financially prudent manner. In light of that analysis, it is requested that the City Council
consider amending the part-time employee salary schedules.
Minor adjustments are proposed to one step of each of the Recreation Worker and
Recreation Leader I’s salary range.
By adjusting step E of the Recreation Worker salary range from $11.70 to $12.00 per
hour, employees currently on step D - $11.15 can move to step E at $12.00. Steps A -D
could then be eliminated as they are below the new minimum wage requirement of $12
per hour. New hires would need to be brought in at step E.
Similarly, by adjusting step C of the Recreation Leader I salary range from $11.92 to
12.00 per hour, employees currently on step B - $11.35 per hour can move to step C
at $12.00. Steps A-B could then be eliminated.
The estimated financial impact to the remaining 2018/19 fiscal year budget is
approximately $4,500 which can be accommodated with existing resources and
managed salary savings.
Staff will continue to address the state mandated minimum wage increase s and their
impacts to the City’s compensation plan and future fiscal year budgets and likely come
back to the City Council with future recommendations to adjust part-time salary
schedules in a financially prudent manner while remaining compliant with state law.
If approved by City Council, these actions will be effective at the beginning of the pay
period closest to January 1, 2019 which is December 22, 2018.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 6.4.a Resolution 2018-XX Amending Schedule A of the City of Diamond Bar
Compensation Plan Effective December 22, 2018
6.4
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1
Resolution No. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, AMENDING CITY OF DIAMOND BAR COMPENSATION PLAN AND
FRINGE BENEFITS EFFECTIVE DECEMBER 22, 2018
WHEREAS, the City Council of the City of Diamond Bar adopted and amended
the City of Diamond Bar Compensation Plan (hereafter, the “Plan”) by adoption of
Resolution No. 2018-21, which became effective July 7, 2018;
WHEREAS, the City Council of the City of Diamond Bar has approved and adopted
the annual budget for Fiscal Year 2018-2019;
WHEREAS, the California minimum wage will increase to $12 per hour effective
January 1, 2019;
WHEREAS, the City Council of the City of Diamond Bar desires to amend
Resolution 2018-21, to include an adjustment to the Recreation Worker and Recreation
Leader I salary ranges to comply with the minimum wage requirements;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond
Bar, does hereby amend Resolution 2018-21 effective December 22, 2018 as contained
in “Exhibit A” attached hereto.
PASSED, APPROVED AND ADOPTED this 18th day of December 2018.
Carol Herrera, Mayor
6.4.a
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2
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 18th day of December 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
Attachment: Exhibit A, Part-time Salary Schedule Effective December 22, 2018
6.4.a
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EXHIBIT A"
GRADE CLASSIFICATION A B C D E F G
H1 Recreation Worker $9.63 $10.11 $10.62 $11.15 $11.70 $12.29 $12.90
12.00
H4 Recreation Leader I $10.81 $11.35 $11.92 $12.51 $13.14 $13.79 $14.48
12.00
H6 Administrative Intern I $12.32 $12.93 $13.58 $14.26 $14.97 $15.72 $16.50
Facility Attendant I
Recreation Leader II
Maintenance Worker I
H8 Recreation Leader III $14.04 $14.74 $15.48 $16.25 $17.06 $17.92 $18.81
H12 Facility Attendant II $16.40 $17.22 $18.08 $18.99 $19.94 $20.93 $21.98
Maintenance Worker II
H14 Recreation Specialist $18.03 $18.93 $19.88 $20.87 $21.92 $23.01 $24.16
Schedule A
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2018 - 2019
PART-TIME/HOURLY NON-EXEMPT/NON-BENEFITED POSITIONS
Effective December 22, 2018
Approved by City Council on December 18, 2018
6.4.a
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Agenda #: 6.5
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ADDITIONAL EXPENDITURES FOR SPECIAL LEGAL SERVICES.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the City Manager to issue, a Purchase Order in the amount not -
to-exceed $250,000 for continued special legal services provided by Sheppard, Mullin,
Richter & Hampton LLP.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 2018/2019 Budget to cover these services.
BACKGROUND/DISCUSSION:
In addition to the City’s primary legal representatives Woodruff, Spradlin & Smart, the
City often enlists the services of additional legal experts to assist in a number of matters
important to the community. The City has secured the services of Jack Rubens of
Sheppard, Mullin, Richter & Hampton LLP for such special legal counsel. At the
September 19, 2017 meeting, the City Council authorized the City Manager to execute
the Letter of Engagement with Sheppard, Mullin , Richter & Hampton LLP, and
appropriated $250,000 for special legal services. It was anticipated at that time that
additional resources would be required, and on February 6, 2018, the City Council
authorized an additional appropriation of $250,000, for a cumulative Council
authorization of $500,000 to date. At this time, an additional $250,000 is requested to
maintain and continue these legal services.
In 2017, two lawsuits were filed by the City related to the Tres Hermanos Ranch
property. The first lawsuit was filed on October 20, 2017 in Sacramento County Superior
Court (First Amended Complaint subsequently file in January 2018) alleging the City of
Industry’s attempt to purchase the 2,445 -acre Tres Hermanos Ranch property, with the
intent to lease it to a private entity to develop a massive solar facility, violated the
Redevelopment Agency Dissolution Act. The second lawsuit was filed on November 2,
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2017 in Los Angeles Superior Court alleging the attempted purchase and lease violated
the California Environmental Quality Act, State planning laws, and open meeting laws.
A third lawsuit was filed on April 13, 2018 in Los Angeles Superior Court alleging
failures by the City of Industry to produce public documents under the California Public
Records Act.
Most recently, the City of Commerce has made attempts to purchase Tres Hermanos.
Although Commerce is refusing to definitively state its plans for Tres Hermanos, it
appears that representatives from Commerce have been talking with the same private
venture partners involved with Industry. These private venture partners may be
attempting to “shop” their solar facility plans with other public agencies as well.
LEGAL REVIEW:
The City Attorney previously approved the Letter of Engagement.
PREPARED BY:
REVIEWED BY:
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Agenda #: 6.6
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON
LOCAL AND REGIONAL BOARDS, COMMISSIONS AND
COMMITTEES.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Ratify the Mayor's appointments, and adopt Resolution No. 2018 -XX confirming
appointments to the San Gabriel Valley Council of Governments.
FINANCIAL IMPACT:
None.
BACKGROUND:
Following the annual reorganization of the City Council, it is customary for the newly
selected Mayor to appoint Council Members to serve on various local and regional
organizations of which the City is a member. In addition, the Mayor also makes
appointments to the various standing committees and ad-hoc committees created by
the City Council. The Mayor’s recommended appointments are included in Attachment
1.
Pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a
resolution must be adopted to formalize the Mayor’s new appointments to the
SGVCOG). Resolution No. 2018-XX confirming the appointments will be sent to the
SGVCOG upon adoption (Attachment 2).
PREPARED BY:
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Attachments:
1. 6.6.a 2019 City Council Appointments
2. 6.6.b Resolution No. 2018-XX
6.6
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Rev. December 13, 2018
2019 CITY COUNCIL APPOINTMENTS
Effective
COMMITTEE DELEGATE/ALTERNATE
California Contract Cities Association
Board of Directors membership – CCCA bylaws specify that voting
delegate and alternate needs to be any City elected official)
17315 Studebaker Road, Suite 210, Cerritos, CA 90701
Executive Director Marcel Rodarte
562-622-5533 FAX 562-222-8183
Meets 3rd Wednesday of each month at 6:30 p.m. (social hour),
7:30 p.m., dinner, various restaurant locations of host City.
Reservations required.
Steve Tye/Delegate
Andrew Chou/Alternate
Foothill Transit Board
Foothill Transit is governed by a Joint Powers Authority of 22 member
cities and the County of Los Angeles. The larger Governing Board is
divided into five regional clusters that elect representatives one a year at
the agency’s annual meeting to serve on a five-member Executive Board –
City of Diamond Bar –Cluster 4)
Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West
Covina, CA 91790,
626-931-7300, FAX 626-915-1143
Meets last Friday of each month at 8:00 a.m. at above address.
Carol Herrera/Delegate
Nancy Lyons/Alternate
Four-Corners Transportation Policy Group
Carol Herrera, City of Diamond Bar, Chairman - Meets as needed.
Carol Herrera/Delegate
Andrew Chou/Alternate
Greater Los Angeles County Vector Control District
Appointment of Trustee – does not have to be an elected official.
Appointment is for 2-year term)
12545 Florence Ave., Santa Fe Springs, CA 90670, 562-944-
9656, FAX 562-944-7976
Meets 2nd Thursday at address above at 7:00 p.m.
Steve Tye
6.6.a
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Rev. December 13, 2018
Joint Powers Insurance Authority
Board of Directors membership – Delegate must be any elected official
appointed by the Mayor. Alternate may be elected official or staff
member)
Jon Shull, Executive Director, 8081 Moody St., La Palma, CA
90623, 800-229-2343, FAX 562-860-4992
General Board Committee meets annually each July - location to
be announced.
Andrew Chou/Delegate
Steve Tye/Alternate
L.A. County Sanitation District No. 21
Board of Directors Membership – Mayor is automatically delegate per
Health & Safety Code Sec. 4730.1. Alternate is required to be an elected
official whose appointment is confirmed by City Council action)
Grace Hyde, Chief Engineer & General Manager, 1955 Workman
Mill Rd., Whittier CA 90607-4998
Mailing: P.O. Box 4998, Whittier CA 90607-4998, 562-699-7411
x1500, FAX 562-695-8660
Meets 4th Wednesday of each month at 1:30 p.m. at District Office.
Carol Herrera/Delegate
Steve Tye/Alternate
L.A. County City Selection Committee
Board of Directors membership - Mayor and Mayor Pro Tem are
automatically designated as Delegate and Alternate, respectively)
Patrick Ogawa, Acting Executive Officer, Board of Supervisors,
Kenneth Hahn Hall of Administration, 500 W. Temple St., Room
383, Los Angeles, CA 90012, 213-974-1401, FAX 213-620-0636
Meets: After the League of California Cities - L.A. County Division
Meeting - (Approx. 8:30 p.m.)
Carol Herrera/Delegate
Steve Tye/Alternate
League of California Cities - L.A. County Division
Board of Directors membership – Delegate and alternate must be
elected officials. Mayor does not have to be appointed)
Andrew Chou/Delegate
Steve Tye/Alternate
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Rev. December 13, 2018
Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626-786-
5142, FAX 626-460-8034
Meets 1st Thursday each month at 6:30 p.m. at various locations.
San Gabriel Valley Council of Governments
Board of Directors membership – Delegate and alternate must be
elected officials. Adoption of a resolution confirming the appointment is
usually made at the next City Council meeting)
Marisa Creter, Assistant Executive Director/Interim Executive
Director, 1000 S. Fremont Ave., Unit 42, Building A-10N, Suite 10-
210, Alhambra, CA 91803, 626-457-1800, FAX 626-457-1285
sgv@sgvcog.org.
Meets 3rd Thursday of each month at 6:00 p.m. at Upper San
Gabriel Valley Municipal Water District Offices, 602 E. Huntington
Dr., Suite B, Monrovia, CA 91016. Executive Session 5:00 p.m.
Nancy Lyons/Delegate
Carol Herrera/Alternate
Southern California Association of Governments (SCAG)
Board of Directors membership – Delegate and alternate must be
elected officials but there is no requirement that delegate be the Mayor)
Appointment to SCAG District 37 is not contingent on appointment as
delegate or alternate by the City)
900 Wilshire Boulevard, Suite 1700, Los Angeles, CA 90017,
213-236-1800, FAX 213-236-1816
General Assembly meets annually each March - location to be
announced.
Ruth Low/Delegate
Andrew Chou/Alternate
Take Back Our Community Coalition
Delegate and alternate selected by the City Council)
c/o City of Monrovia, Oliver Chi, City Manager
415 S. Ivy Avenue, Monrovia, CA 91016
626) 932-5585
Meets quarterly at the Doubletree Hotel
924 West Huntington Drive, Monrovia, CA 91016
Nancy Lyons/Delegate
Ruth Low/Alternate
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Rev. December 13, 2018
Tres Hermanos Conservation Authority
c/o City of Chino Hills, Konradt Bartlam, Executive Director
Board of Directors Membership – Council may appoint anyone)
Carol Herrera/Delegate
Ruth Low/Alternate
Wildlife Corridor Conservation Authority (WCCA)
Board of Directors Membership – Council may appoint anyone)
Joseph Edmiston, Executive Director, Contact Judi Tamasi
5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230
x121, FAX 310-589-3237
Ruth Low/Delegate
Andrew Chou/Alternate
CITY COUNCIL STANDING COMMITTEES
COMMITTEE MEMBERS
City Audit Committee Carol Herrera
Steve Tye
City Council Goals/City Manager Evaluation Carol Herrera
Steve Tye
Economic Development (Meets quarterly) Carol Herrera
Nancy Lyons
Fee Study Sub-Committee Ruth Low
Nancy Lyons
Industry East Development Advisory Committee Carol Herrera
Steve Tye
LLAD Council Sub-Committee Nancy Lyons
Andrew Chou
Legislative Ruth Low
Andrew Chou
Neighborhood Improvement (Meets quarterly) Ruth Low
Nancy Lyons
Public Safety Committee (Mayor and Mayor Pro Tem meets
quarterly)
Carol Herrera
Steve Tye
Special Event Committee Carol Herrera
Steve Tye
Sphere of Influence/Annexation Carol Herrera
Steve Tye
6.6.a
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Rev. December 13, 2018
CITY COUNCIL LIAISON
COMMITTEE DELEGATE/ALTERNATE
Chamber of Commerce Ruth Low/Delegate
Nancy Lyons/Alternate
D.B. Community Foundation Steve Tye/Delegate
Nancy Lyons/Alternate
Library Nancy Lyons/Delegate
Ruth Low/Alternate
PUSD/City Andrew Chou/Delegate
Carol Herrera/Alternate
Senior Citizen Nancy Lyons/Delegate
Andrew Chou/Alternate
WVUSD/City Carol Herrera/Delegate
Steve Tye/Alternate
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1
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council
of Governments Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of
Governments requires each member city to appoint a Delegate Government Board
Representative and an Alternate Governing Board Representative to represent the City
in conducting the affairs of the San Gabriel Valley Council of Governments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Nancy Lyons has been designated to serve as the City of Diamond
Bar Delegate to the Governing Board of the San Gabriel Valley Council of Governments.
SECTION 2. Carol Herrera has been designated to serve as the City of Diamond
Bar Alternate Delegate to the Governing Board of the San Gabriel Valley Council of
Governments.
SECTION 3. That the individuals designated in this Resolution serve until
replaced by resolution or until they become ineligible pursuant to the terms of the Joint
Powers Agreement of the San Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of this resolution.
SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel
Valley Council of Governments.
PASSED, APPROVED AND ADOPTED this 18th Day of December, 2018.
Carol Herrera, Mayor
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2
ATTEST:
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 18th day of December, 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
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Agenda #: 7.1
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
ALLOCATIONS FOR FISCAL YEAR 2019/2020.
STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive the staff report; open the public hearing to receive any public testimony; close
the public hearing; and adopt Resolution No. 2018-XX approving the CDBG Funding
Allocations for Fiscal Year 2019/2020.
FISCAL IMPACT:
Fiscal Year 2019/20 funding for the CDBG Program is estimated at $275,324, and is
received from the Federal Government on a reimbursement basis. Approval of the
2019/20 CDBG funding allocations will be incorporated into the Fiscal Year 2019/20 City
Budget. The CDBG Program does not impact the City's General Fund budget.
BACKGROUND:
By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles
County Community Development Commission’s (LACDC) CDBG Program. The CDBG
Program was established through the Housing and Community Development Act of
1974. The primary goals of the CDBG program are to provide for the development of
viable urban communities by providing decent housing and a suitable living environment
and expanding economic opportunities, principally for persons of low and moderate
income. Eligible CDBG projects are those that meet one of the following national
objectives for the program:
Benefiting low and moderate income persons;
Addressing slums or blight; or
Meeting a particular urgent community development need.
The projects must also fall within one of the eligible activity categories, which include
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acquisition of real property for an eligible use; acquisition, construction, and
rehabilitation of public facilities; demolition and clearance of deteriorated buildings;
community service for low and moderate income households; removal of barriers that
restrict the mobility for elderly or disabled persons; or special economic development
activities.
Funds may be used for a variety of community development activities, such as public
services, ADA retrofit and improvements for parks, public works projects, and home
improvement programs. The funds may only be used within low and moderate -income
census tracts (of which the City has none) and/or to benefit low and moderate-income
persons and/or presumed eligible persons (elderly or disabled).
Diamond Bar’s preliminary CDBG allocation for Fiscal Year 2019/20 is $216,636.1 In
addition to the annual allocation, $58,688 will be available from the following sources:
48,888 from the accumulated balance of unexpended CDBG carryover funds
9,800 from a Home Improvement Program deferred loan repayment
With these additional funds, the combined total program budget for the FY 2019/20
CDBG Program is $275,324.
LACDC anticipates notification of the final allocation by early 2019. The CDBG
Program has experienced funding adjustments in prior years (usually reductions), so the
City should be prepared to accommodate a federal funding adjustment that could affect
LACDC’s final allocations. In the event that the final allocation is higher or lower than
this report’s estimate by 25% or less, the draft resolution provides authorization for the
City Manager to administratively adjust the individual program allocations. Should the
final allocation vary by more than 25%, City Council approval of any program allocation
changes would be required.
The City’s approved projects and budget must be submitted to the LACDC by February
1, 2019. The City of Diamond Bar’s projects and budget will ultimately become part of
the Los Angeles County’s CDBG program application to the U.S. Department of
Housing and Urban Development (HUD).
Distribution of Funds
The City’s allocation of CDBG funds is subject to the following distribution limits:
15% of new allocations to support community service programs for eligible persons.
85% of new allocations toward public works and housing projects that directly benefit
eligible persons (e.g., ADA improvements for sidewalks and parks, and def erred
loans for home improvements).
Unallocated funds, including deferred loan repayments and carryovers from the prior
1 LACDC advises its member agencies to use the current fiscal year’s final allocation as the preliminary
estimate for the following year’s allocation. The final allocation for FY 2018/19 was $216,636.
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fiscal year may be used to fund eligible public works projects.
The cost of project administration and contract compliance services are charged on a
project-based model which allows the City use CDBG funds to pay for costs associated
with meeting the regulatory requirements on a per project basis. CDBG project
administration is being implemented by City staff with assistance from the City’s
consultant, Diana Cho and Associates. Project management for the CDBG-funded
Home Improvement Program is performed by SJC3 Consulting on behalf of the City.
DISCUSSION:
Prior to approval of the programs and budget, a public hearing is required to receive
and consider citizen input on the proposed CDBG Program. On October 12, 2018, the
City posted a Request for Proposals online regarding the availability of CDBG funding.
The due date for proposals was November 16, 2018. Also on November 16, 2018, the
public hearing notice for the December 18, 2018 City Council meeting was posted in
various locations in the City including the SCAQMD/Government Center, Diamond Bar
Library and Heritage Park. This report presents staff’s recommendations for funding
based on the proposals submitted and the estimated availability of funds. Prior to a
project being funded, eligibility is determined and the subrecipie nts must meet the
federal regulations and LACDC requirements. The City provides support to the projects
that receive funding with technical assistance and monitoring to ensure compliance.
The City is responsible for overseeing the operations of all the subrecipient supported
activities, including compliance with all applicable federal requirements and for
monitoring the achievement of performance goals.
CURRENT FISCAL YEAR CDBG PROJECTS AND ALLOCATIONS ($338,070)
As part of the application process to LACDC, the City must describe the programs that
are currently being implemented and how those programs are meeting the goals and
objectives established by the City. The programs funded for the current fiscal year are
summarized below:
o Service Center for Independent Life (SCIL) ($10,000/withdrawn) – The City
Council approved funding for the development of an 8-week Youth Leadership
Workshop for students with disabilities. The proposed workshop intended to assist
youths with disabilities to transition from high school to post-secondary education
and/or employment. SCIL planned to use this funding for salaries, benefits,
supplies, rent, travel costs, and administrative costs, with a goal of assisting
approximately 30 Diamond Bar residents through this program.
Regrettably, SCIL found that the level of participation and interest from students and
families who are residents of Diamond Bar was too low to warrant proceeding with
the Youth Leadership Workshop. On November 20, 2018, SCIL’s executive director
informed staff that it was canceling the program. No CDBG monies were disbursed
to SCIL, and the unspent funds will become part of the estimated unallocated
carryover balance available for FY 2019/20.
o Senior Programming ($20,044) – These programs include information and referral,
7.1
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physical mobility classes, seminars, arts and crafts, game days, senior excursion s,
and special events. General Insurance has been purchased for the senior groups
utilizing the Heritage Park Community Center and Diamond Bar Center. More than
500 seniors participate in the various programs and activities offered by the City.
o Home Improvement Program (HIP) ($100,000) – The HIP offers deferred loans to
eligible low- and moderate-income homeowners of single-family detached housing
for necessary home improvements, as well as repairs to mitigate building and safety
code deficiencies and/or violations. The City’s HIP policies (last updated in July
2016) provides interest-free, deferred loans of up to $20,000 to eligible households.
Loans become payable when the homes are sold or refinanced. As of the
publication of this report, two (2) approved rehabilitation projects are in the bidding
phase, one (1) project application has been approved, and a fourth application is
currently under review.
o Area 6 Residential Neighborhood ADA Curb Ramp Improvements Project
208,026) – The Area 6 residential neighborhood is located east of the 57 freeway
and north of the 60 freeway, as illustrated below. This CIP project, completed this
past November, provided ADA accessibility to existing sidewalks through the
construction of sixty-four (64) ADA compliance curb ramps at various locations
where no curb ramps or substandard curb ramps previously existed. The Public
Works Department is following the completion of these ADA improvements with Area
6 roadway rehabilitation work currently which is under construction.
RECOMMENDATIONS FOR FY 2019/20
Federal regulations require CDBG funds to be allocated and expended within three (3)
years. In addition, the LACDC strongly encourages participant cities to earmark all
monies as soon as feasible.
North
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As stated in the Background section of this report, the CDBG funding estimate for FY
2019/20 is $275,324. The breakdown for the estimated funds is as follows:
New annual allocation $216,636
Prior year unallocated/reprogrammed funds $58,688
Total estimated CDBG funds for FY 2019/20 $275,324
Staff received three applications requesting CDBG funding to support the following
programs and projects for the next fiscal year:
1. Senior Programs
2. Home Improvement Program
3. Area 1 Residential Neighborhood Curb Ramps
Funds requested from these three applications total $296,880, which exceeds the
estimated available funds by $21,556. The recommended distribution of estimated
CDBG monies is detailed below.
Public Services
The public service funding cap is $32,495, or 15% of the estimated new CDBG annual
allocation for FY 2019/20.
The only application submitted for funding from this allocation was submitted by the
Diamond Bar Parks and Recreation Department to support senior programming, and
has requested $36,880 (see Attachment 2), which is $4,385 above the estimated
funding cap.
The City’s Senior Programs are funded through the Parks and Recreation Department
budget. The City Council has traditionally authorized a portion of the annual CDBG
funding to be allocated to the Senior Programs budget.
As in prior years, the Senior Programs application proposes to accommodate several of
the activities and supplies as requested by the Diamond Bar Senior Citizens Club,
Diamond Bar Evergreen Senior Association, Sunshine Seniors Association, Diamond
Age Senior Club, and Super Diamond Age Senior Club. The application also requests
reimbursement for a portion of the City’s Senior Program Coordinator’s hours spent
administering the programs, as well as for supplies purchased to host events at the
Diamond Bar Center.
Since no other proposals in the Public Services category were received, it is
recommended that the entire FY 2019/20 funding estimate of $32,495 be allocated to
Senior Programs. This amount will cover supplies and liability insurance, as well as
CDBG project administration consultant costs and a portion of the Recreation Specialist
salary.
Public Works and Housing
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The allocation for Public Works and Housing projects includes $184,141 from the FY
2019/20 allocation (i.e., 85% of $216,636) and $58,688 in unallocated CDBG funds
accumulated from project savings, for a total of $242,829.
Staff received two applications for funding from this category, which are included in
Attachment 2:
1. The Diamond Bar Public Works Department requests $160,000 for the Area 1
Residential Neighborhood ADA Curb Ramps Improvement Project.
2. The City of Diamond Bar requests $100,000 for the Home Improvement Program.
The total funding requested from these two applications is $260,000, which is $17,171
above the estimated funding available in this category. Staff recommends that CDBG
monies be appropriated for both the Area 1 ADA improvements, and for the continued
administration of the Home Improvement Program. The recommended distribution of
the estimated funds is discussed below
o Area 1 Residential Neighborhood ADA Curb Ramp Improvements Project
Area 1 extends from the City limits northwest of the 57/60 confluence, and is
generally bounded by Grand Avenue and Diamond Bar Boulevard, as illustrated
below:
The purpose of this CIP project is provide ADA accessibility to existing sidewalks
through the construction of ADA compliance curb ramps at various locations where
no curb ramps or substandard curb ramps exist.
The application requests funding to construct and/or upgrade approximately forty
North
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40) curb ramps to comply with the latest ADA requirements , as well as CDBG
administration costs. The Public Works Department intends to follow the completion
of these ADA improvements with Area 1 roadway rehabilitation work in FY 2020/21.
o Home Improvement Program
As stated, the HIP provides deferred zero-interest loans of up to $20,000 to eligible
low and moderate-income homeowners for necessary home improvements as well
as repairs to mitigate building and safety code deficiencies and/or violations. The
proposed allocation includes program administration funds for the HIP consultant.
Because estimated CDBG monies will not fully cover the amounts requested in the Area
1 and HIP applications, staff recommends that the funding for the Home Improvement
Program be reduced from $100,000 to $82,829, and that the full amount requested for
the Area 1 curb ramp project ($160,000) be approved.
The recommendation to reduce the HIP allocation is based actual expenditures during
the past three fiscal years, which did not exceed $74,000 in any single year. The
difficulty in meeting annual spending targets is primarily due to the relatively few
applications received, and among those, some applications must be declined (due to
household incomes that are too high or other disqualifying criteria, or because some
applicants decide not to proceed with the application process. Staff thus believes that it
would be more prudent at this time to reduce the HIP allocation and redirect the funds to
the Area 1 project, where the entire allocation will almost certainly be fully expended.
SUMMARY OF RECOMMENDATIONS:
Total funding available for CDBG programs during the upcoming fiscal year is estimated
to be $275,324. The funding requests received total $296,880, or $21,556 above the
estimated allocation. Staff recommends the following distribution of funds, the total of
which is equal to the estimated allocation:
FISCAL YEAR 2019/20 CDBG PROGRAM ALLOCATION RECOMMENDATIONS
PUBLIC SERVICES
Senior Programs $32,495
Public Services Subtotal $32,495
PUBLIC WORKS & HOUSING
Area 1 ADA Curb Ramp Improvements $160,000
Home Improvement Program 82,829
Public Works & Housing Subtotal $242,829
Total CDBG Funding Recommendation for FY 2019/20 $275,324
ESTIMATED FY 2019/20 FUNDS AVAILABLE $275,324
PREPARED BY:
7.1
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Attachments:
1. 7.1.a Resolution No. 2018-XX
2. 7.1.b FY 2019-20 CDBG Program Applications
7.1
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RESOLUTION NO. 2018-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE CITY’S COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM INCLUDING $216,636 IN FISCAL YEAR 2019/20
FUNDS AND $58,688 FROM UNALLOCATED BALANCE OF FUNDS
FOR THE TOTAL AMOUNT OF $275,324
WHEREAS, On August 22, 1974, the President of the United States signed into
law the Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable
urban communities by providing decent housing and a suitable living environment, and
expanding economic opportunities, principally for persons of low and moderate income;
and
WHEREAS, the City of Diamond Bar has received notification of the availability of
216,636 in Fiscal Year 2019/20 Federal Community Development Block Grant (CDBG)
funds to further the attainment of these goals; and
WHEREAS, the City has $58,688 in unallocated CDBG funds accumulated from
project savings and deferred loan repayments; and
WHEREAS, the combined total of $275,324 in CDBG funds is available to use for
FY 2019/20 projects; and
WHEREAS, suggestions have been requested from residents, community
organizations, and City Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under
the Act and met with all interested groups and conducted a duly noticed public hearing to
solicit comments and suggestions from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The funding allocation for the 2019-2020 Program year shall be:
PUBLIC SERVICE $ 32,495
Senior Programming $ 32,495
PUBLIC WORKS AND HOUSING $242,829
Home Improvement Program $ 82,829
Area 1 Residential Neighborhood ADA
Curb Ramps Improvements Project $160,000
7.1.a
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2
Section 2. The City Manager is authorized and directed to submit the City’s final
Planning Summary for Fiscal Year 2019/20 to the County of Los Angeles, reflecting the
funding allocations set forth herein. Should the City’s final allocation increase or decrease
by twenty-five percent (25%) or less from the figures contained herein, the City Manager
is authorized to administratively adjust (i.e., increase or decrease) the revised funds to
eligible activities as necessary. Should the final allocation differ by more than 25%,
adjustments to fund allocations shall be subject to City Council review and approval.
Section 3. The City Manager is authorized to execute the contractual and related
documents to be prepared by the County of Los Angeles that are required for the
implementation of the projects/programs set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 18th day of December, 2018.
Carol Herrera, Mayor
ATTEST:
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution was duly and regularly passed , approved and
adopted by the City Council of the City of Diamond Bar, California, at its Regular meeting
held on the 18th day of December, 2018, by the following Roll Call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
City of Diamond Bar
7.1.a
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From:
Diana Cho, CDBG Consultant ~
Christy Murphey, Recreation Superintendent
I
cc : Ryan Wright, Parks and Recreation Director
Date : November 15, 2018
Re: CDBG Recommended Allocation for Senior Programs-2019/20 Fiscal Year
Parks and Recreation staff have reviewed the requests submitted for the allocation of
CDBG funds for the 2019/20 FY and recommends the following allocation:
1. City Senior Program:
a. Program Supplies
b. Recreation Specialist salary
2,400.00
29,480.00
31,880.00
Note: Remainder of City Senior Programs costs will be submitted in the proposed
2019/20 FY General Fund budget for review and consideration. ·
2. Liability Insurance for five Senior Clubs . $5,000.00
Diamond Bar Senior Citizens Club
Diamond Bar Evergreen Senior Association
Sunshine Seniors Association
Diamond Age Senior Club
Super Diamond Age Senior Club
Note: CDBG funds for senior organizations are held by the City and paid as
reimbursement after required documentation demonstrates CDBG eligibility of
expenses.
Grand Total Recommended Senior Allocation: $36,880.00
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7.1.b
Packet Pg. 68
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: Friday, November 16, 2018 3:00p.m.
APPLICATION SUMMARY
Organization: City of Diamond Bar
Project Name: Senior Programming Amount Requested: $31,880.00
Location of
Project:
Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA 91765
Funds would be used to: Conduct educational and social programs to enrich the lives of local seniors.
These would include but not limited to: seminars, workshops, classes, special events and excursions.
GENERAL INFORMATION
Organization 21810 Copley Drive City: Diamond Bar
Address:
Telephone/Fax Number: 909.839.7074 E-mail cmurphey@diamondbarca.gov
Address: ----------------
Contact Person/Title: Christy Murphey, Recreation Superintendent
Officials authorized to represent organization and expend funds:
Name: Ruth Low
Name: Dan Fox
Federaii.D Number/Non-Profit
Status:
This application is proposing a new
95-4210629
existing X
Has the project received past funding from the City of
Diamond Bar?
If yes, please identify the year/amount and source of
funding:
Title: Mayor
Title: City Manager
Project. (Check).
YES
Funded annually, most recently
FY 2018/2019
7.1.b
Packet Pg. 69
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requeste·d funds.
Provide Senior programming for up to 385 persons per day. Develop and conduct a variety of
recreational and informational classes, seminars, workshops, and events which meet the diverse
needs of the seniors in Diamond Bar.
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
Meet the human services and recreational needs of a senior population with diverse cultural
backgrounds. Age groups to be served are 55 and over.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
Primary service area is Diamond Bar. Neighboring communities are serviced as well.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous
year:
20A86
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project
year:
Presumed
benefit.·
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
7.1.b
Packet Pg. 70
The characteristics of client population in target area are seniors aged 55 and over. It is a mixed
population by gender, however predominately female. The income level is presumed low to
moderate and the ethnic background is 58% Asian and Pacific Islander, 28% White, 4% Black, 4% 2
races and 6% other (including 80% non Hispanic or Latino and 20% Hispanic or Latino).
Is your organization familiar with the CDBG electronic c(ient data yes
requirements?
Is your organization familiar with the CDBG reporting requirements? yes
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted to our. organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will define other reporting provisions and federally required assurances.
Signature:
Title:
Date:
7.1.b
Packet Pg. 71
CITY OF DIAMOND BAR
Recreation Specialist/Senior Club Insurance
Senior Program Supplies
Budget Discussion
PROJECTED GENERAL FUND EXPENDITURES
PROJECTED REVENUE
CDBG REQUEST
PROJECTED PROGRAM COST
PROJECTED PROGRAM COST DIFFERENCE
PERSONNEL SERVICES-CDBG
Salary 125.5215.40010
Salary -General Fund
5 Clubs Liability Insurance 125.5215.44000
Program Supplies 125.5215.41200
Program Supplies 001.5350.41200
FY .2019/20
29,480.00
24,122.00
5,000.00
2,400.00
3,500.00
53,602.00
10,900.00
27,622.00
36,880.00
64,502.00
27,622.00
7.1.b
Packet Pg. 72
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be
completed, and supplemental information regarding the organization and proposed project
may be attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE: November 16. 2018 3:00p.m .
APPLICATION SUMMARY
OrganizC!tion: Diamond Bar Senior Citizens Club
Project Name: Seniors Amount Requested:
Support/ Assist
Location of
Project:
Diamond Bar Center, 1600 Grand Ave., Diamond Bar, CA91765
Funds would be used to: Serving seniors activities including but not limited to insurance; senior
activities related costs such as food, entertainment and various other club
activates of the club.
GENERAL INFORMATION
Organization Address: 1600 Grand Ave City: Diamond Bar} CA 91765
Telephone/Fax Number: 909.595.6501 E-mail Address: lauraestrada@yahoo.com ---------------=
Contact Person/Title: Laura Estrada, Pres jdent
Officials authorized to represent organization and expend funds:
Name: See contact person's name above ·Title:
Name: Title:
Federaii.D Number/Non-Profit Status: 27-0698690
This application is proposing a
new
X existing X Project. (Check).
Has the project received past funding from the City of Diamond Yes
Bar?
7.1.b
Packet Pg. 73
If yes, please identify the year/amount and source of
funding:
2018; $500} City of Diamond Bar CDBG
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
1. The Organization requires Liability insurance every year which is paid directly to the insurance
company by the club.
2. Provides funding for various events such as catered holiday lunches and entertainment.
Describe the specific purpose of the project; identify the problems the project is intended to solve1
and the age group of those to be served.
Reimbursement of operational cost such as insurance and various other food catered activities
reduces the cost which would otherwise be incurred directly by the members of the Senor club. The
reduction of operational cost helps the. senior club with finances needed to provide social activities to
its members.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
The target area is mainly City of Diamond Bar and surrounding communities.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous
year:
Seniors residing within the City of Diamond Bar and
surrounding communities
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project
year:
Seniors
Seniors
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client population consist of: Seniors Citizens, both Male and Female over the age of 55 of all ethnic
backgrounds.
Yes
7.1.b
Packet Pg. 74
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements?
FINANCIAL INFORMATION
Yes
Yes
Please attach a proposed budget of the project. Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
1. Liability Insurance Cost. Budgeted at $500.00
2. Food, entertainment and other activities cost. Budgeted at $9,500.00
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will detJ:M~l!'.!.ep~rti~~~.~~~=ions and federally required assurances.
Signature: Laura Estrada ~ . ><-.;.;~· ::____
Date: 10.30.18
7.1.b
Packet Pg. 75
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019 ... 2020 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10}000 per project.
APPLICATION DEADUNE: Friday. Novern _ber 16, 2018 3:00 p.~.
APPUCATION SUMMARY
Organization: J)t4MoJJi) ~/ct1<. Gv'C-12Crt?fbJ C LtA-t~
Project Name: Amount Requested:
Location of Project: /boo . {ti2AIVD .4-v6~ / 72tA-&!"-10fJD (>fh'l.. ( (~,t . 9( 7b~
Funds would be used to: {2Af1-For<-Ttf&_ CL(..,(.!3'S. L f/ffld.){'(' I Al~·~,-tt2_ANCC:
GENERAL INFORMATION
Organization Address: -z,o 7 ~j; c? u_ JJI\J LNcr i5 t<JvJ cAH City~ 0I JhvtJ ,tJ D i3 ~
7 ;~ ·~ 'I~?~ 1-~-·c...&
Telephone/Fax Number: <}?'j .~ 3.bg _ E-mail Address:
Contact Person/Title:
Officials authorized to represent organization and expend funds:
Name: ---=6=-.L..~r-=-L_o_f2_(:__:::A _ ___:l~~s~-=-..:t.,{=-----Title:
Name: ----------------Title:
Federaii.D Number/Non-Profit Status:
This application is proposing a new existing J Project (Check).
Has the project received past funding from the City of Diamond Bar?
If yes, please identify the year/amount and source of funding:
J
7.1.b
Packet Pg. 76
GOALS AND OBJECfiVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
tt& tec--~ue-~·u;t) ~ tJD {Jc (A:... gc:----tA'~t-t> ra I~Af t~r<.
rtf& CLtAg s Lt;HJtlll'y !N~~t~:c .
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
lfZ"' fttl( po$'(:-()F (t..fl.i' (/Jc'-1,.[ !.:.'-r { <; T O {Jf(_~ Vi(){: 'tff{..~ pou~w I.A./ v,
NSI/'f~~c&: d) {J[-R~"oML Lt/rJ~iG.I ry ( 2) C?t!ZT<S~/c PteofCtl2 T'(
f~7.>!LtTC(.
tff;-~.{z[....-r:r~uup Df 1lfo~fe, To t?& s-(i12.U&D foe& ~-s-;l1JJ) i)~(-c,:(.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
if'& 11<f£G]r:--T ;tJerA DTr-Tf.t 1.5 (' !WJY:.T /rJ 1LL-(~t
kj[-CA '1 '/ D p biAMv}.)J> lJJ&?....
PROJECT CLIENT PROFII .. E
Diamond Bar clients assisted in previous year: S 0(...)
Diamond Bar clients assisted which meet the low/moderate income requirements: 0
Diamond Bar clients expected to be assisted in new project year:
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
t{-17-C,Ltr;,JT f A-t<--c t tJ (if'C ;~t-ctt2-0w'P af .s-s-/&..19 ou)r:-(C.. ,. 1/-s MKlk ~
z,(J. ffM 1)1.£;-, {v!kftJ£' rf of ttf?tvf (tree-t!?.& /(f&t) I MJD Mt A::IJ .
Is your organization familiar with the CDBG electronic client data requirements? f7i-' ~
Is your organization familiar with the CDBG reporting requirements?
Fl.NANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include aJI other sources of funding and the total budget of the organization.
7.1.b
Packet Pg. 77
I hereby certify that if funds are granted to our organization they will be used to benefit low and ./
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federaUy required assurances.
0
Signature:
y
Title: fflGSttiC-~T
Date:
7.1.b
Packet Pg. 78
CITY OF DIAMOND BAR
COMMUN ITY DEVELOPMENT BLOCK GRANT
REQ UEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
Funding is contingent upon the project•s eligibility u nder the 1 974 Housing an d Community
Development Act as amended and City Council approval. This application must b e
comp l eted, and supplemental information reg arding the organization and proposed project
may be att ached. The mini mum fund ing request is $10,000 per project.
APPLICA TION DEADLINE: November 16, 2018 3:00p.m.
APPLICATIO N SU MM AR Y
Organization: Sunshine Seniors Association
Project Na me: Seniors Support/Assist Amount Requested: $10,000
Location of Project: Diamond Bar Cente r, 1600 Grand Ave., Diamond Bar, CA91765
Funds wou ld be used to : Se r ving seniors activities including but not limited t o excursions,
insu r ance, rental of hall, senior ac t ivi t ies related costs such as food and
entertainment, etc.
GENER AL INFOR MATION
Organization Address: 1142 S. Diamond Bar Blvd .~ #45 7 City : Diamond Bar, CA 91765
Telephone/Fax Number: 714-745-61 2 3 E-mail Addre ss: t sa vani@hotmail.com ----~~----~~-
Contact Person/Title: Tulsi Savani, President
Officials authorized to represent organiza t ion and expend funds:
Name: See contact person's name above Title :
Name: Ti t le:
Federaii.D Number/Non-Profit Status: 95 -4652089
This application is proposing a new _X __ existing X Proj ect. (Check).
Has the project received past funding from the City of Di amond Yes
Bar?
If yes~ please identify the y ear/amount and source of Insurance cost $563
funding:
7.1.b
Packet Pg. 79
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
1. Organization needs Liability insurance every year. We will pay the premium.
2. Provide funding for events (such as entertainm e nt, excursions, yoga and meditation classes,
jazz exercise, lectures from various experts on health and well ness} etc.) supporting seniors
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
The purpose of the organization is to support and assist seniors in their twilight years. We intend to
help them find support in regard to health and wellb eing, providing entertainment and excursion to
cheer up and meet like aged and like -minded seniors. Age group is targeted is seniors, 50+ years old.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
The target area is mainly City of Diamond Bar and surrounding communities.
PRO.JECT CLIENT PROFILE
Diamond Bar clients assisted in previous
year:
Seniors residing within the City of Diamond Bar and
surrounding communities
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project
year:
Seniors
Seniors
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Client Population: Seniors-Male and Female; Age Gr.: 50+; Income Level: Most of them are either on
Medicaid/SSI and some (few) are on Medicare; Mostly they are of Country of India origin
Is your organization familiar with the CDBG electronic client data
requirements?
Is your organization familiar with the CDBG reporting requirements? Yes
Yes
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I
FINANCIAL INFORMATION
Please attach a proposed budget of the project. -Include all items that CDBG funds are being
requested to be used for. Include all other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted t9 our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will define other r_eporting provisions and federally required assurances.
Signature: rulsi savanL/r
Title: Chairman
Date: 10.28.18
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CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT . -
REQUEST FOR PROPOSALS
2019·2020 PROGRAM YEAR
Funding is contingent upon the project•s eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be t:ompleted,
and supplemental information regarding the organization and proposed project may be
attached. The minimum funding request is $10,000 per project.
APPLICATION DEADLINE; Friday, November 16, 2018 3:00p.m.
APPliCATION SUMMARY
Organization: Diamond Age Senior Club
Project Name: Birthday Celebration Am<lUnt Requested: 5000
Location ·of Project; Heritage Park of Diamond Bar
Funds would be used to: Provide Insurance and Club Activities such as Quarterly Birthday
Celebration · -
GENERAL fNFORMATION
Organizatton Address: 2707 E. Valley Blvd. #3:1.1
Organization Mailing Address: 3125 Canal Points Dr.·
City: West Covina
Hacienda Heights, CA 91745
909·86lw8678 E:-mail Address: weima48@yahoo.com
Telephone/Fax Number: ( C ) 909-510-3883
Contact Person/Title: S£.rinna Wei-Public Relatlon Off!cer
Officials authorized to represent organization and expend funds:
Name: Corinna Wei Title: President 2018
Name: _Mary Ni Title: Vice President 2018
Federaii.D Number/Non-Profit Status: EIN 35-2431628 t__s_Ol-.:(__,C}'--S _________ _
This appll,ation is proposing a new __ existing ..:-!.._ Project. (Check).
Has the project received past funding from the City of Diamond Bar? Yes
If yes, please identify-the year/amount e:nd sour<:e of funding:
lnsuran:e Reimbursement 2018/ $1135, Party Food I $2000
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GOALS AI~D OBJECTIVE OF PROJJ~CT
Provide a detailed description of the proposBd project by describing precisely what is to be
accomplished with the requested funds.
To Provide quartedy birthday celebration for the Senior of the Club
To Provide entertainment, food, and birthday gifts for the Seniors,
To Provide education and activities-line dance class, social dance class, chorus class,
Karaoke dass, ballroom dance, crochet, knitting class, mah·jong ctass, etc. .
I
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
The purpose of the project is to provide quality and joyful time for the elder5, to warm their heats with
the birthday greetings, activiti@s aside from their family members, or those who do not have their
younger generation with them to have a memorable and joyful time and this is the way 'tO keep senior
good health.
The age group is from 60 to 90
Identify and describe the geographic boundaries of the target area. (Attach a map if a~propriate).
City of Diamond Bar and the Vicinity
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: 210 ----
Diamond Sar clients assisted which meet the low/moderate income requirements: ~S_e_n_io~r_s ----
Diamond ear dients e><pected to be assisted in nE!W project year: 200 ---------------------------
Describe the characteristics of client population in target area, including age, se>c, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
Is your organization familiar with the COBG electronic client data requirements? Y@s --------
Is your organization familiar witn the CDBG reportin; requirements? Yes -----------------------
li"INANCIAL INFORMATION
Please attach a proposed budget of the project. include all items that CD6G funds are being requested
to be used for. Include all other sources of funding and tne total budget of the organization.
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I hereby certify thilt if funds are gr anted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required assurances.
Signature: Corinna Wei ~c.__.Lz
Title: Public Relation Officer I Pre$ident ~~018
Date:
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CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQU EST FOR PROPOSALS
2019·2020 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be
completed, and supplemental information regarding · the organization and proposed project
may be attached. The minimum funding request is $10~000 per project.
APPLICATION DEADLINE: Friday. November 16.2018 3:00p.m.
APPLICATION SUMMARY
Organization: Super Diamond Age Senior Club
Project Name: Senior Support I Assist Amount Requested:
location of Project: Heritage Park, Diamond Bar
Funds would be used to: Fund the liability insurance
GENERAl INFORMATION
Organization Address: 2103.5 R.~nning Bran'=~ Road City: Diamond Bar
Telephone/Fax Number: 951-751-1888 E-mail Address: l<liu888@yahoo.com
Contact Person/Title~ l<athy Liu I Public Relation Chair (a volunteer helper)
Officials authorized to represent org~nization and expend funds:
Name: Johnny Lfu Title: President
Name: Julie Wong Title: Finance Chair
Federaii.D Number/Non-Profit Status: Non-p~ofit Orga~izat~io_n_~-~~--
This application is proposing a new existing X Project. (Check).
Has the project received past funding from the City of Diamond Yes
Bar?
If yes .. please identify the year/amount and source of From year 2001 to year 2017
funding:
Every year I amount $1(000 each year from Ci~y of Diamond Bar
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GOALS AND OBJECTIVE OF l>ROJECT
Provide a detailed description of the proposed project by descrfbing precisely what Is to be
accomplished with the requested funds.
To protect senior members who attend Supet Diamond Age Senior Club activltes
Describe the specific purpose of the project; identify the problems the project is intended to solve,
and the age group of those to be served.
Refund of liability insurance Including indoor and outdoor activities for the club members.
The age group Is from 55 to 95.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
City of Diamond Bar, Walnut1 Chino Hilts, Rowland Hejghts, Hacienda Heights, Pomona,
And Orange County
PROJECf CLIENT PRO.fi'ILE
Diamond Bar clients assisted in previous
year:
Seniors residing within city of Diamond Bar and
Surrounding communities
Diamond Bar clients assisted which meet the low/moderate income
requirements:
Diamond Bar clients expected to be assisted in new project
year:
Seniors
Seniors
Describe the characteristics of client population in target area, including age, sex1 income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate Income persons.
Client poputations: Seniors ... male and femalei over age 55
Is your organization familiar with the CDBG electronic client data
requirements?
Yes
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Packet Pg. 86
Is your organization familiar with the CDBG reporting requirements? Yes
FINANCIAL INJ!'ORMATJON
Please attach a proposed budget of the project. Include all items that COBG funds are being
requested to be used for. Include aU other sources of funding and the total budget of the
organization.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal
agreement with the City will define other repo g provisions and federally required assurances.
l
Signature: U
Title:
Date: 11/01/2018
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Packet Pg. 87
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
Funding is contingent upon the project's eligibility under the 1974 Housing and Community
Development Act as amended and City Council approval. This application must be completed, and
supplemental information regarding the organization and proposed project may be attached. The
minimum funding request is $10,000 per project.
APPLICATION DEADLINE: Friday, November 16, 2018 3:00 p.m.
APPLICATION SUMMARY
Organization: City of Diamond Bar
Project Name: Area 1 Residential
Neighborhood ADA
Curb Ramps
Improvements
Project
Amount Requested: $160,000
Location of
Project:
Various Locations
Funds would be used to: The proposed project would utilize CDBG funds for project design and construction
phases of new/ upgraded handicapped accessible sidewalk curb ramps at various
locations within Area 1 residential neighborhood is located in the Area 1 Residential
Neighborhood as shown in the attached Exhibit “A”. New/ upgraded curb ramps are
constructed to meet current standards of the Americans with Disabilities Act (ADA).
Fifty Five (55) ADA curb ramps in Area 1 residential neighborhood at various locations
will be constructed in order to provide handicapped access and a safer environment
to area residents, the elderly, disabled pedestrians, and students attending nearby
Diamond Point Elementary School.
GENERAL INFORMATION
Organization
Address:
21810 Copley Drive City: Diamond Bar
Telephone/Fax Number: (909) 839-7044 E-mail Address: Kyoung@diamondbarca.gov
Contact Person/Title: Kimberly M. Young, Senior Engineer
Officials authorized to represent organization and expend funds:
Name: David Liu Title: Public Works Director / City Engineer
Name: Kimberly M. Young Title: Senior Engineer
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Federaii.D Number/Non-Profit Status: 95-4210629 ~~~~~--------------------------------------
This application is proposing a new X existing Project. (Check).
Has the project received past funding from the City of Diamond Bar? ~N-=-o ____________ _
If yes, please identify the year/amount and source of funding:
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
The proposed Area 1 Residential Neighborhood ADA Curb Ramps Improvements Project would include
design and construction of new/ upgraded handicapped accessible sidewalk curb ramps at various
locations within Area 1 residential neighborhood is located in the Area 1 Residential Neighborhood as
shown in the attached Exhibit "A". New curb ramps are constructed to meet current standards of the
Americans with Disabilities Act (ADA). Forty (40) ADA curb ramps in Area 1 residential neighborhood at
various locations will be constructed in order to provide handicapped access and a safer environment to
area residents, the elderly, disabled pedestrians, and students attending nearby Lorbeer Middle School.
CDBG funds would be used for the design and specifications for the proposed work, as well as the
construction of a tota l of Forty (40) new/ upgraded ADA curb ramps, including a 10% contingency.
Describe the specific purpose of the project; identify the problems the project is intended to so lve, and
the age group of those to be served.
As recommended in the ADA Self Evaluation, this project is part of the effort to upgrade all non-ADA-
compl iant curb ramps citywide. The project would provide for the construction of curb ramps where no
curb ramps currently exist and the recon struction of curb ramps that are too steep, deteriorated, not
wide enough or create other accessibi lity barriers for severely disabled adults and/or elderly that use
wheelchairs, cane s, walkers or crutches.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
The project target area is located within Area 1 Residentia l Neighborhood as shown in the atta ched
Exhibi t "A".
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: N/ A (This is a new Project)
Diamond Bar clients ass isted which meet the low/moderate income requirements: General Public
Diamond Bar clients expected to be assisted in new project year: General Public
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Packet Pg. 89
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
General Public
Is your organization familiar with the CDBG electronic client data requirements? Yes ----------------
Is your organization familiar with the CDBG reporting requirements? Yes ------------------------
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include all other sources of funding and the total budget of the organization.
See attached Exhibit "B" for project budget.
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define ot reportin provisions and federally required assurances.
Signature:
Title: Public Works Director/City Engineer
Date:
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Exhibit "A"
FY 19-20 CDBG AREA 1 ADA CURB RAMPS LOCATIONS
40NewADA
Ramps Locations
AREA
7.1.b
Packet Pg. 91
EXHIBIT "B"
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
PRELIMINARY COST ESTIMATE FOR 2011-2012 CDBG PROGRAM CURB RAMP INSTALLATION
ITEM NO.DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST
1 NEW ADA CURB RAMPS 40 EACH $3,250 $130,000
SUBTOTAL (CONSTRUCTION COST)$130,000
CONSTRUCTION CONTINGENCY (10% OF CONSTRUCTION)$13,000
ESTIMATED CONTRACT ADMINISTATION SERVICES $13,000
TOTAL $156,000
SAY $160,000
5 of 5
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CITY OF DIAMOND BAR
COMMUNITYDEVROPMENT BLOCK GRANT
REQUEST FOR PROPOSALS
2019-2020 PROGRAM YEAR
Q ::; . ~
t-( Q:)
3: :a: . ;a
o:-r;. a m
Funding is contingent upon the project's eligibility under the 1974 Housing and ComrffiJjty < o
Development Act as amended and City Council approval. This application must be cdpiP}eteft;' · n~l
and supplemental information regardi~g the organization and proposed project may ~'i:?atta~d. . ,.....
The minimum funding request is $10,000 per project. 0 ~ :: m .
t".u -., N :
r.l>' '""1'1 ••
APPLICATION DEADLINE: Friday, November 16. 2018 3:00 p.m. :::
D c=; f'.,')
r~; 0
APPUCATION SUMMARY
Organization: City of Diamond Bar
Project Name: Home
Improvement
Amount Requested:
Location of
Project:
2181 0 Copley Drive
100,000
Funds would be used Provide grants and/or deferred loans to eligible low and moderate-income
to: homeowners for necessary improvements as well as to mitigate building and
safety violations.
GENERAL INFORMATION
Organization 2181 0 Copley Drive City: Diamond Bar
Address:
Telephone/Fax Number: (909) 839-7080 E-mail Address: Mtorres@diamondbarCAgo
v
Contact Person/Title: City Staff
Officials authorized to represent organization and expend funds:
Name: Title: ------------------------
Name: ------------------------
Federali.D Number /Non-Profit
Status:
N/A
Title:
This application is proposing a
new __
existing ~
Has the project received past funding from the City of Diamond
Project. (Check)
Bar? Yes -----------------------
7.1.b
Packet Pg. 93
If yes, please identify the year/amount and source of funding: 2018-2019/$100.000.
GOALS AND OBJECTIVE OF PROJECT
Provide a detailed description of the proposed project by describing precisely what is to be
accomplished with the requested funds.
The objective of the Home Improvement Program is to provide grants and loans to assist low-and
moderate-income residential owner/occupants in maintaining the City's existing residential
neighborhoods through home rehabilitation.
Describe the specific purpose of the project; identify the problems the project is intended to solve, and
the age group of those to be served.
The purpose of the Home Improvement Program is to preserve and enhance single family residential
neighborhoods throughout the City; to provide grants and loans to eligible homeowners of single family
detached dwellings for the preservation of safe, decent and sanitary housing; correct hazardous
structural conditions; to make modification necessary to provide ADA access to dwellings; to improve
the overall exterior appearance of the home to eliminate blight; and correct exterior code violations
through the provision of grants and loans. The Home Improvement Program is not specifically directed
toward a specific age group, but rather to eliminate blight and maintain affordable housing stock for low
and moderate-income residents.
Identify and describe the geographic boundaries of the target area. (Attach a map if appropriate).
Citywide.
PROJECT CLIENT PROFILE
Diamond Bar clients assisted in previous year: 3
Diamond Bar clients assisted which meet the low/moderate income requirements: _3;;.__ ________ _
Diamond Bar clients expected to be assisted in new project year: 4 ------------------------
Describe the characteristics of client population in target area, including age, sex, income level, and
ethnic background. Relate how the project will meet the federal requirements of benefiting
low/moderate income persons.
The City of Diamond 'ear does not identify atarget area. However, the City will meet the federal
requirements of benefiting low/moderate income individuals through the provision of housing
rehabilitation.
Is your organization familiar with the CDBG electronic client data requirements? _Y.;;_;e;;..;;..s _____ _
Is your organization familiar with the CDBG reporting requirements? Yes ---------------------
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Packet Pg. 94
FINANCIAL INFORMATION
Please attach a proposed budget of the project. Include all items that CDBG funds are being requested
to be used for. Include all other sources of funding and the total budget of the organization.
Proposed HIP Budget (2019-2020)
Estimated Construction Cost
Construction Contingency
Lead/ Asbestos Testing Costs
Title Report Fees
Rehabilitation Administration
100,000
7's,9oo
2,000
1,500
600
20,000
I hereby certify that if funds are granted to our organization they will be used to benefit low and
low/moderate income residents of the City of Diamond Bar. We understand that the formal agreement
with the City will define other reporting provisions and federally required
Signature:
Title: _,;P~r~in;.;;..;ci;,l:;_pa=l----------------
Date: 11/05/2018
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Agenda #: 8.1
Meeting Date: December 18, 2018
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL
CODE RELATED TO STREET VENDING.
STRATEGIC
GOAL: Safe, Sustainable & Healthy Community
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance, schedule the second
reading and adoption at the next regularly scheduled City Council meeting.
BACKGROUND:
SB 946 (Lara), known as the “Safe Sidewalk Vending Act”, was introduced in the
California Legislature in February 2018 and signed by the Governor in September 2018,
placing new restrictions on the regulation of street vendors by local agencies. The bill
becomes effective January 1, 2019.
ANALYSIS:
SB 946 prohibits cities from regulating street vendors of all types unless a licensing
system is in place or adopted that is in substantial compliance with its provisions. Cities
may not ban nor prevent street vendors from operating on public sidewalks or
pedestrian paths unless directly related to objective health, safety and welfare concerns.
Finally, cities may only impose administrative fines for violation of its street vending
regulations. Although it does not currently regulate sidewalk vending to a significant
degree, to ensure compliance with SB 946, the City finds it is still necessary to amend
certain provisions of the Municipal Code. Related amended provisions include:
1. To ensure all wares and food sold meet established safety standards for
consumption, street vendors must operate in a clean and sanitary manner,
meeting all applicable laws and securing all applicable permits.
2. To further the peace and safety of residential neighborhoods during non -
8.1
Packet Pg. 96
business hours, and ensure uninterrupted family time, recreation, sleep and
commutes to school and work that are free of interference, street vendors are
prohibited in all residential zones between the hours of 8:00 p.m. and 9:00 a.m.
This prohibition applies to all forms of solicitation.
3. Street vendors may not operate on public property, except for sidewalks and
paved/decomposed granite trails. To ensure a safe path of travel for pedestrians
and bicyclists, including those with disabilities, street vendors may not operate on
public streets, bike paths, and dirt trails and may not obstruct access or travel on
sidewalks and paved paths. Excluding street vendors from dirt trails is needed to
ensure the public’s quiet use and enjoyment of such trails and natural settings.
4. Street vendors may not operate on private property unless granted express
permission by the property owner.
5. Street vendors are prohibited from operating in a City park during times when the
City is hosting a special event or when it has issued a Special Events Permit to a
third party to ensure there is not an overconcentration of commercial activities
during the event, the vending does not interfere with the public’s enjoyment of the
event or the charitable fundraising efforts often associated with such events.
6. Violators are subject to administrative penalties as set forth in Government Code
section 51039.
LEGAL REVIEW:
City Attorney has reviewed and approved the Draft Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
8.1
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1. 8.1.a AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING THE PROVISIONS OF THE DIAMOND BAR MUNICIPAL CODE
RELATED TO STREET VENDING
2. 8.1.b SB 946 (Lara)
8.1
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1
1360062.1
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DIAMOND BAR,
CALIFORNIA, AMENDING THE PROVISIONS OF THE
DIAMOND BAR MUNICIPAL CODE RELATED TO
STREET VENDING
WHEREAS, the State Legislature adopted Senate Bill 946, Government Code
sections 51036 et seq. (SB 946), imposing significant restrictions on the ability of cities to
regulate sidewalk vendors; and
WHEREAS, SB 946 provides that cities may not enforce regulations it may have
specific to sidewalk vendors it they are not in substantial compliance with SB 946 and/or
directly related to objective health, safety and welfare concerns; and
WHEREAS, the City has historically imposed few regulations on any type of
peddling or soliciting within the City, but finds it necessary to amend certain provisions of
its Municipal Code to ensure it is in compliance with SB 946; and
WHEREAS, in adopting this ordinance the City Council of the City of Diamond
finds that it is in substantial compliance with SB 946 and its provisions are directly related
to objective health, safety and welfare concerns.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION 1. Section 5.04.010 of the Diamond Bar Municipal Code, entitled
Investigation of specific businesses”, subdivision (a)(10) is hereby amended to read as
follows:
10) Peddling-solicitation entering private property.”
SECTION 2. Section 5.08.090 of the Diamond Bar Municipal Code, entitled
Peddling—Solicitation”, is hereby amended to add a new subdivision (a)(5) under
Definitions”, as follows:
a)(5) Sidewalk vendor shall mean a person who sells food or merchandise from
a pushcart, stand, display, pedal-drive cart, wagon, showcase, rack, or
other nonmotorized conveyance, or from one’s person, upon a City sidewalk
or other City pedestrian path.”
SECTION 3. Section 5.08.090(d) entitled “Operating Requirements” is repealed
in its entirety and replaced with the following:
d) Operating Requirements
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2
1360062.1
1) No person shall engage in peddling or solicitation in any area of the
City which is zoned for residential uses under this Code between the
hours of 8 p.m. and 9:00 a.m.
2) No person shall affix any object to another person, onto private
property, or public property without first receiving express permission
from such person or the owner of the property.
3) No person shall continue to engage in peddling or solicitation
directed at another person, if such person informs the peddler or
sidewalk vendor of his or her desire not to be subject to peddling or
solicitation.
4) No person shall obstruct any street, sidewalk or other place open to
the public in a manner which interferes with the members of the
public, including those with disabilities, ability to use such facilities in
the manner for which they are intended.
5) No person shall engage in peddling or solicitation for commercial
purposes upon any designated bike path or dirt trail.
6) No person shall engage in peddling or solicitation for commercial
purposes upon any public property other than a sidewalk or
paved/decomposed granite path or upon any private property without
the express permission of the owner or the owner’s agent.
7) Peddlers and sidewalk vendors shall operate in a clean and sanitary
manner, be able to dispose of trash generated by their business and
at all times be in compliance with all applicable laws and if selling
food, specifically Part 7 (commencing with Section 113700) of
Division 104 of the Health and Safety Code.
8) No person shall engage in peddling or solicitation for commercial
purposes within a City park during a City-sponsored event or any
other event that has been granted exclusive use of the park via a
special event permit by the City at which food is served or offered for
purchase.
9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this
subdivision shall be subject to administrative fines in the amounts set
forth in Government Code section 51039. The fines set forth in
Government Code section 51039 shall be in addition to and in not
lieu of penalties that may be imposed against sidewalk vendors who
violate other generally applicable laws in this Code, including this
subdivision.”
SECTION 4. Section 9.00.820 of the Diamond Bar Municipal Code, entitled
Exceptions to divisions”, is hereby amended to add a new subdivision (d) as follows:
d) Sidewalk vendors. This division does not prohibit solicitation upon a City
sidewalk or City pedestrian path by a ‘sidewalk vendor’ as defined in Section
5.08.090(e) of this Code.”
8.1.a
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3
1360062.1
SECTION 5. Section 12.00.290 of the Diamond Bar Municipal Code, entitled
Soliciting for selling merchandise; restrictions”, is hereby amended to add a new
subdivision (5) as follows:
5) A sidewalk vendor who is upon a City sidewalk or City pedestrian path and
is otherwise in compliance with this Code.”
SECTION 6. The adoption of this Ordinance is not a project within the meaning
of the California Environmental Quality Act in that it will not cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
SECTION 7. If any section, clause, phrase, word or portion of this Ordinance is,
for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance and each other section, clause, phrase, word or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, clauses, phrases,
words, or portions thereof be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published once within
fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general
circulation, published and circulated in the City of Diamond Bar and shall post a certified
copy of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
PASSED AND ADOPTED by the Diamond Bar City Council this __ day of ____,
2019.
Carol Herrera, Mayor
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4
1360062.1
ATTEST:
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 18th day of December, 2018 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the ________ day
of ____________, 2019, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
8.1.a
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Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of
Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
Approved by Governor September 17, 2018. Filed with
Secretary of State September 17, 2018.]
legislative counsel’s digest
SB 946, Lara. Sidewalk vendors.
Existing law authorizes a local authority, by ordinance or resolution, to
adopt requirements for the public safety regulating any type of vending and
the time, place, and manner of vending from a vehicle upon a street.
This bill would prohibit a local authority, as defined, from regulating
sidewalk vendors, except in accordance with the provisions of the bill. The
bill would provide that a local authority is not required to adopt a new
program to regulate sidewalk vendors if the local authority has established
an existing program that substantially complies with the provisions of the
bill. The bill would apply these provisions to a chartered or general law city,
county, or city and county.
The bill would require a local authority that elects to adopt a sidewalk
vending program to, among other things, not require a sidewalk vendor to
operate within specific parts of the public right-of-way, except when that
restriction is directly related to objective health, safety, or welfare concerns,
and not restrict sidewalk vendors to operate only in a designated
neighborhood or area, except as specified. The bill would authorize a local
authority to, by ordinance or resolution, adopt additional requirements
regulating the time, place, and manner of sidewalk vending, as specified,
if the requirements are directly related to objective health, safety, or welfare
concerns. The bill would also authorize a local authority to prohibit sidewalk
vendors in areas located within the immediate vicinity of a permitted certified
farmers’ market and a permitted swap meet, as specified, and to restrict or
prohibit sidewalk vendors within the immediate vicinity of an area designated
for a temporary special permit issued by the local authority, as specified. A
violation would be punishable only by an administrative fine, as specified,
pursuant to an ability-to-pay determination, and proceeds would be deposited
in the treasury of the local authority.
The bill would require the dismissal of any criminal prosecutions under
any local ordinance or resolution regulating or prohibiting sidewalk vendors
that have not reached final judgment. The bill would also authorize a person
who is currently serving, or who completed, a sentence, or who is subject
to a fine, for a conviction of a misdemeanor or infraction for sidewalk
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vending, as specified, to petition for dismissal of the sentence, fine, or
conviction.
Existing constitutional provisions require that a statute that limits the
right of access to the meetings of public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the interest
protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. (a)The Legislature finds and declares all of the following:
1)Sidewalk vending provides important entrepreneurship and economic
development opportunities to low-income and immigrant communities.
2)Sidewalk vending increases access to desired goods, such as culturally
significant food and merchandise.
3)Sidewalk vending contributes to a safe and dynamic public space.
4)The safety and welfare of the general public is promoted by
encouraging local authorities to support and properly regulate sidewalk
vending.
5)The safety and welfare of the general public is promoted by
prohibiting criminal penalties for violations of sidewalk vending ordinances
and regulations.
6)This act applies to any city, county, or city and county, including a
charter city. The criminalization of small business entrepreneurs, and the
challenges that those entrepreneurs face as a result of a criminal record, are
matters of statewide concern. Further, unnecessary barriers have been erected
blocking aspiring entrepreneurs from accessing the formal economy, harming
California’s economy in the process, and disrupting the regulation of
business, which is a matter of statewide concern. Moreover, California has
an interest in the regulation of traffic, a matter of statewide concern, whether
in ensuring the appropriate flow of traffic or in ensuring the safety of
pedestrians on the road or the sidewalk.
b)It is the intent of the Legislature to promote entrepreneurship and
support immigrant and low-income communities.
SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part
1 of Division 1 of Title 5 of the Government Code, to read:
Chapter 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
a)Sidewalk vendor” means a person who sells food or merchandise
from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance, or from one’s person, upon a public
sidewalk or other pedestrian path.
b)Roaming sidewalk vendor” means a sidewalk vendor who moves
from place to place and stops only to complete a transaction.
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c)Stationary sidewalk vendor” means a sidewalk vendor who vends
from a fixed location.
d)Local authority” means a chartered or general law city, county, or
city and county.
51037. (a)A local authority shall not regulate sidewalk vendors except
in accordance with Sections 51038 and 51039.
b)Nothing in this chapter shall be construed to affect the applicability
of Part 7 (commencing with Section 113700) of Division 104 of the Health
and Safety Code to a sidewalk vendor who sells food.
c)Nothing in this chapter shall be construed to require a local authority
to adopt a new program to regulate sidewalk vendors if the local authority
has established an existing program that substantially complies with the
requirements in this chapter.
51038. (a)A local authority may adopt a program to regulate sidewalk
vendors in compliance with this section.
b)A local authority’s sidewalk vending program shall comply with all
of the following standards:
1)A local authority shall not require a sidewalk vendor to operate within
specific parts of the public right-of-way, except when that restriction is
directly related to objective health, safety, or welfare concerns.
2)A)A local authority shall not prohibit a sidewalk vendor from selling
food or merchandise in a park owned or operated by the local authority,
except the local authority may prohibit stationary sidewalk vendors from
vending in the park only if the operator of the park has signed an agreement
for concessions that exclusively permits the sale of food or merchandise by
the concessionaire.
B)Notwithstanding subparagraph (A), a local authority may adopt
additional requirements regulating the time, place, and manner of sidewalk
vending in a park owned or operated by the local authority if the
requirements are any of the following:
i)Directly related to objective health, safety, or welfare concerns.
ii)Necessary to ensure the public’s use and enjoyment of natural
resources and recreational opportunities.
iii)Necessary to prevent an undue concentration of commercial activity
that unreasonably interferes with the scenic and natural character of the
park.
3)A local authority shall not require a sidewalk vendor to first obtain
the consent or approval of any nongovernmental entity or individual before
he or she can sell food or merchandise.
4)A)A local authority shall not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except when that restriction is
directly related to objective health, safety, or welfare concerns.
B)Notwithstanding subparagraph (A), a local authority may prohibit
stationary sidewalk vendors in areas that are zoned exclusively residential,
but shall not prohibit roaming sidewalk vendors.
5)A local authority shall not restrict the overall number of sidewalk
vendors permitted to operate within the jurisdiction of the local authority,
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unless the restriction is directly related to objective health, safety, or welfare
concerns.
c)A local authority may, by ordinance or resolution, adopt additional
requirements regulating the time, place, and manner of sidewalk vending
if the requirements are directly related to objective health, safety, or welfare
concerns, including, but not limited to, any of the following:
1)Limitations on hours of operation that are not unduly restrictive. In
nonresidential areas, any limitations on the hours of operation for sidewalk
vending shall not be more restrictive than any limitations on hours of
operation imposed on other businesses or uses on the same street.
2)Requirements to maintain sanitary conditions.
3)Requirements necessary to ensure compliance with the federal
Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards.
4)Requiring the sidewalk vendor to obtain from the local authority a
permit for sidewalk vending or a valid business license, provided that the
local authority issuing the permit or business license accepts a California
driver’s license or identification number, an individual taxpayer identification
number, or a municipal identification number in lieu of a social security
number if the local authority otherwise requires a social security number
for the issuance of a permit or business license, and that the number collected
shall not be available to the public for inspection, is confidential, and shall
not be disclosed except as required to administer the permit or licensure
program or comply with a state law or state or federal court order.
5)Requiring the sidewalk vendor to possess a valid California
Department of Tax and Fee Administration seller’s permit.
6)Requiring additional licenses from other state or local agencies to
the extent required by law.
7)Requiring compliance with other generally applicable laws.
8)Requiring a sidewalk vendor to submit information on his or her
operations, including, but not limited to, any of the following:
A)The name and current mailing address of the sidewalk vendor.
B)A description of the merchandise offered for sale or exchange.
C)A certification by thevendor that to his or her knowledge and belief,
the information contained on the form is true.
D)The California seller’s permit number (California Department of
Tax and Fee Administration sales tax number), if any, of the sidewalk
vendor.
E)If the sidewalk vendor is an agent of an individual, company,
partnership, or corporation, the name and business address of the principal.
d)Notwithstanding subdivision (b), a local authority may do both of
the following:
1)Prohibit sidewalk vendors in areas located within the immediate
vicinity of a permitted certified farmers’ market or a permitted swap meet
during the limited operating hours of that certified farmers’ market or swap
meet. A “certified farmers’ market” means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of the
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Food and Agricultural Code and any regulations adopted pursuant to that
chapter. A “swap meet” means a location operated in accordance with Article
6 (commencing with Section 21660) of Chapter 9 of Division 8 of the
Business and Professions Code, and any regulations adopted pursuant to
that article.
2)Restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by the local
authority, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the local
authority’s temporary special permit are also provided to any sidewalk
vendors specifically permitted to operate in the area, if applicable. For
purposes of this paragraph, a temporary special permit is a permit issued
by the local authority for the temporary use of, or encroachment on, the
sidewalk or other public area, including, but not limited to, an encroachment
permit, special event permit, or temporary event permit, for purposes
including, but not limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph shall only be
effective for the limited duration of the temporary special permit.
e)For purposes of this section, perceived community animus or
economic competition does not constitute an objective health, safety, or
welfare concern.
51039. (a)1)A violation of a local authority’s sidewalk vending
program that complies with Section 51038 is punishable only by the
following:
A)An administrative fine notexceeding one hundred dollars ($100) for
a first violation.
B)An administrative fine notexceeding two hundred dollars ($200) for
a second violation within one year of the first violation.
C)An administrative fine notexceeding five hundred dollars ($500) for
each additional violation within one year of the first violation.
2)A local authority may rescind a permit issued to a sidewalk vendor
for the term of that permit upon the fourth violation or subsequent violations.
3)A)If a local authority requires a sidewalk vendor to obtain a
sidewalk vending permit from the local authority, vending without a sidewalk
vending permit may be punishable by the following in lieu of the
administrative fines set forth in paragraph (1):
i)An administrative fine notexceeding two hundred fifty dollars ($250)
for a first violation.
ii)An administrative fine notexceeding five hundred dollars ($500) for
a second violation within one year of the first violation.
iii)An administrative fine notexceeding one thousand dollars ($1,000)
for each additional violation within one year of the first violation.
B)Upon proof of a valid permit issued by the local authority, the
administrative fines set forth in this paragraph shall be reduced to the
administrative fines set forth in paragraph (1), respectively.
b)The proceeds of an administrative fine assessed pursuant to
subdivision (a) shall be deposited in the treasury of the local authority.
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c)Failure to pay an administrative fine pursuant to subdivision (a) shall
not be punishable as an infraction or misdemeanor. Additional fines, fees,
assessments, or any other financial conditions beyond those authorized in
subdivision (a) shall not be assessed.
d)1)A violation of a local authority’s sidewalk vending program that
complies with Section 51038, or a violation of any rules or regulations
adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors
in the jurisdiction of a local authority, shall not be punishable as an infraction
or misdemeanor, and the person alleged to have violated any of those
provisions shall not be subject to arrest except when permitted under law.
2)Notwithstanding any other law, paragraph (1) shall apply to all
pending criminal prosecutions under any local ordinance or resolution
regulating or prohibiting sidewalk vendors. Any of those criminal
prosecutions that have not reached final judgment shall be dismissed.
e)A local authority that has not adopted rules or regulations by ordinance
or resolution that comply with Section 51037 shall not cite, fine, or prosecute
a sidewalk vendor for a violation of any rule or regulation that is inconsistent
with the standards described in subdivision (b) Section 51038.
f)1)When assessing an administrative fine pursuant to subdivision
a), the adjudicator shall take into consideration the person’s ability to pay
the fine. The local authority shall provide the person with notice of his or
her right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or
while the judgment remains unpaid, including when a case is delinquent or
has been referred to a comprehensive collection program.
2)If the person meets the criteria described in subdivision (a) or (b) of
Section 68632, the local authority shall accept, in full satisfaction, 20 percent
of the administrative fine imposed pursuant to subdivision (a).
3)The local authority may allow the person to complete community
service in lieu of paying the total administrative fine, may waive the
administrative fine, or may offer an alternative disposition.
g)1)A person who is currently serving, or who completed, a sentence,
or who is subject to a fine, for a conviction of a misdemeanor or infraction
for sidewalk vending, whether by trial or by open or negotiated plea, who
would not have been guilty of that offense under the act that added this
section had that act been in effect at the time of the offense, may petition
for dismissal of the sentence, fine, or conviction before the trial court that
entered the judgment of conviction in his or her case.
2)Upon receiving a petition under paragraph (1), the court shall presume
the petitioner satisfies the criteria in paragraph (1) unless the party opposing
the petition proves by clear and convincing evidence that the petitioner does
not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1),
the court shall grant the petition to dismiss the sentence or fine, if applicable,
and dismiss and seal the conviction, because the sentence, fine, and
conviction are legally invalid.
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3)Unless requested by the petitioner, no hearing is necessary to grant
or deny a petition filed under paragraph (1).
4)If the court that originally sentenced or imposed a fine on the
petitioner is not available, the presiding judge shall designate another judge
to rule on the petition.
5)Nothing in this subdivision is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner.
6)Nothing in this subdivision or related provisions is intended to
diminish or abrogate the finality of judgments in any case not falling within
the purview of this chapter.
SEC. 3. The Legislature finds and declares that Section 2 of this act,
which adds Section 51038 to the Government Code, imposes a limitation
on the public’s right of access to the meetings of public bodies or the writings
of public officials and agencies within the meaning of Section 3 ofArticle
I of the California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:
The Legislature finds and declares that in order to protect the privacy of
a sidewalk vendor with regard to his or her California driver’s license or
identification number, individual taxpayer identification number, or
municipal identification number, when that number is collected in lieu of
a social security number for purposes of the issuance of a permit or business
license, it is necessary that the sidewalk vendor’s number be confidential,
except as provided in this act.
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